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Modern slavery - transparency in supply chains
17 October 2022
Although many organisations take steps to promote ethical business practices and have policies to protect workers from being exploited, so-called “modern slavery” remains a global problem.
Gender pay gap reporting in Europe: Pay Transparency Directive now finalised
17 May 2023
The EU Pay Transparency Directive has been finalised and must be implemented by June 2026, making gender pay gap reporting compulsory for many employers across Europe.
Pay Transparency Directive: how will gender pay gap reporting in Ireland need to change?
29 August 2023
Now that the Pay Transparency Directive has been finalised, it’s becoming clear where gender pay gap reporting in Ireland will need to change. In this article, we assess the current Irish gender pay gap reporting regulations in the context of the new requirements under the Pay Transparency Directive and set out the changes that will have to be made.
Economic Crime and Corporate Transparency Act 2023: Key changes
10 November 2023
In this article we identify, at a high level, the changes that the Economic Crime and Corporate Transparency Act makes to UK company law; its practical effects are far reaching and introduce significant changes which will affect the day-to-day running of companies.
The Economic Crime and Corporate Transparency Act 2023: first changes set to be introduced
22 February 2024
The Economic Crime and Corporate Transparency Act 2023 (ECCTA) received Royal Assent on 26 October 2023 and introduces several changes which are intended to prevent abuse of UK corporate structures and reduce economic crime. ECCTA will come into force in stages and it is anticipated that the first changes will be introduced on 4 March 2024 (although this date is dependent on parliamentary timetables).
Pay Transparency Directive: new employee rights to pay information
29 May 2024
The impact of the new Pay Transparency Directive extends beyond gender pay gap reporting. Alongside requiring employers to report gender pay disparities, it also grants employees new rights to information about pay. Employers need to start preparing for much greater openness.
Brexit is back! European Commission issues Communication on readiness for end of transition period
28 July 2020
After a few months where organisations’ attention has been diverted by the coronavirus pandemic, the deadline for an extension to the Brexit transition period has passed without one being agreed and the UK will leave the EU Single Market and customs union from 1 January 2021.
International data transfers - temporary sigh of relief over model clauses?
17 January 2020
The ECJ Advocate General has given his opinion in the ongoing Schrems II case about the validity of model clauses – or Standard Contractual Clauses – as a basis for transferring data out of the EU. The opinion is that model clauses are valid, with an important note of caution.
Migration Advisory Committee commissioned to report on Intra-Company Transfers
19 October 2020
On 1 October 2020 the Migration Advisory Committee (MAC) accepted a commission from the Home Secretary to review Intra-Company Transfer (ICT) visa arrangements. It has also been asked to consider what provision could be made to allow overseas businesses to send a team rather than one individual to establish a UK branch or subsidiary, or to carry out a secondment to work on a high-value goods or services contract. The report is due by the end of October 2021, with a revised route likely becoming available in 2022.
Confirmation that collectively agreed terms are ‘static’ for transferring employees
08 March 2017
In two joined cases referred to the European Court of Justice (“ECJ”) by the German Federal Labour Court, an Advocate General (“AG”) has handed down an advisory opinion on the effect of a TUPE transfer on employment terms governed by a collective agreement.
Court of Appeal sets high bar for parties defending fraudulent misrepresentation claims and dismisses attempt to broaden transferred loss principle
21 May 2019
The Court of Appeal has confirmed the presumption of inducement in cases of fraudulent misrepresentation will be “very difficult” to rebut and rejected a Claimant’s attempt to recover the loss of its subcontracting sister company via the “transferred loss” principle.
Test for ‘old-style’ transfer of economic entity requires multifactorial approach
08 March 2017
The Employment Appeal Tribunal (“EAT”) has ruled that an employment tribunal, in finding that the termination of a franchise agreement gave rise to a relevant transfer under TUPE, made the mistake of focusing on one particular factor and failing to adopt a multifactorial approach assessing all the relevant circumstances.
Continuous service for notice pay preserved on transfer
22 September 2017
The European Court of Justice (“ECJ”) has considered an interesting TUPE issue concerning continuous service, arising in a case referred by the Swedish Labour Court.
Automatic transfer of employees applies on ‘pre-pack’ sale
25 September 2017
The European Court of Justice (“ECJ”) has confirmed that, in the event of a “pre-pack” sale aimed at rescuing all or part of an insolvent undertaking as a going concern, EU transfer of undertakings law requires that the employees automatically transfer. This is consistent with the position in the UK under TUPE.
Acquired Rights Directive may apply even if significant tangible assets do not transfer in asset-focused business
09 September 2020
In a German case, the European Court of Justice (ECJ) has considered whether the EU Acquired Rights Directive could apply to the transfer of an asset-focused business where significant tangible assets did not transfer due to legal, technical or environmental constraints.
A Trailer for GDPR Season 2: Creating a ‘Culture of Accountability’
19 June 2019
In our previous article*, we looked at some key scenes from the first season of the GDPR. This next part takes a peak at what’s likely to be the main plot for season 2 (spoiler alert).
Future of Sport: Female Trailblazers (with Reema Juffali and Hannah Rankin)
15 February 2022
In this bumper episode, JJ Shaw and Alex Kelham are joined by two trailblazers from the world of women’s sport – Hannah Rankin (reigning WBA and IBO super-welterweight world boxing champion) and Reema Juffali (Saudi Arabia’s first female professional racing driver).
Trading secrets safely in Europe (Brands & IP Newsnotes - Issue 2)
28 March 2016
In December 2015, while most of us were busy wrapping presents and eating mince pies, the representatives of the European Parliament and Council agreed the text of the Trade Secrets Directive.
Trading through the pandemic: insolvency issues, risk and contractual performance
12 November 2020
As England endures its second lockdown, it remains unclear how long we will continue to live under coronavirus restrictions. The economic fallout is staggering and the pressure many businesses are facing is unprecedented.
Defences to infringement in the EU trademark reforms: a mixed bag
01 August 2017
Simon Chapman has written an article for World Intellectual Property Review (WIPR) which discusses how the EU trademark reforms have provided a mixed bag for right owners.